Visa Waiver Entry Prior to H1B Start Date

My H1B visa was approved in June 2009 and my employment was supposed to start October 1, 2009. Due to slowing business at my company, my boss asked me to start in January rather than in October. The problem is that I already have a lease on an apartment and I would still like to come to the US in October. Can I do that using the visa waiver program?

There are no regulations that would bar you from attempting an entry through the visa waiver program or with a B1/B2 visa. However, you will need to justify your entry as consistent with an entry for tourist of business purposes. The CBP officer that interviews you will have discretion to deny your entry if he or she believes otherwise.

Posted on August 13, 2012 at 10:30 pm by Immigration Lawyer Peter Messersmith · Permalink
In: H-1B Visa, Visa Waiver Program · Tagged with: ,

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